Opinions on appeal letter please

Jimin

Hello everyone. My first post! Shame it's in rotten circumstances.

My partner received a CBC from Ethical Parking Management. I'm appealing with the following letter. If anyone has any advice I'd be glad to hear it.

Dear Sir/Madam
Re: Ticket Number xxx
Vehicle registration number: xxx
Firstly I would ask to see written evidence of a contract between the owner of the car park and Ethical Parking Management to produce fines for car park users.
You issued me with a parking ticket on xxx and although not on the Parking on Private Land Appeals list of grounds for appeal I believe the ticket was unfairly issued and I will not be paying your demand for payment for the following reasons:

1. Unclear signage. The signs in the car park are not clearly visible. They are mounted too high. Consequently it is impossible for any driver to be aware that they are entering into any sort of a 'contract' in this car park. It is unclear whether the operator has authority to issue parking charge notices in this location.
2. The cost of the ticket is disproportionate, that is, it is excessive when set against the loss caused by the parking of the vehicle for such a short period of time. According to the Unfair Terms in Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £100 charge you are asking for far exceeds the cost to the landowner of £4.
3. I did have a valid permit to park, evidence of which is enclosed. Whether it was displayed clearly or not is for you to prove.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Yours faithfully,

Redx

doesnt look right to me , and not sure if you received a postal PCN yet either

some of it reads as if you are the driver, implying that

read this https://forums.moneysavingexpert.com/discussion/4816822

also read the walk through linked inside post #1

as RK your appeal should look like this (as RK)

Dear xxxxx

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist on taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Any communication that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly.

edit

read this one about them too

https://forums.moneysavingexpert.com/discussion/4870399

Jimin

Thank you Redx.

I have received a postal notice. I've also read so many forum posts that my head is starting to swim.

I'll use the quote above and send it to 'em.

Thanks for replying

Jim

Welsh_Exile

Redx is right - read the link!


What is a "CBC" btw?

Jimin

Yep. I've read it, thanks.

CBC - Contractual Breach Charge

Redx

just read the 2 threads I linked to, especially the NEWBIES thread, and anything linked FROM that newbies thread, tells you everything you need to know

my point about your appeal is that it was done as if it were the driver , I have a permit to park etc

too much I this and I that , I know its how we write letters but you have to get into third party mode here

the driver had a permit , the driver has the right to park there

bear in mind here they dont have to prove anything to you, they do to popla if your appeal is worded correctly, they also have to prove it to a judge if it went to court, they certainly WILL NOT prove it to you when you appeal

Coupon-mad

Jimin wrote: »

Yep. I've read it, thanks.

CBC - Contractual Breach Charge

That's a handy term! Means you will win at POPLA easily. Read these threads linked here:


https://forums.moneysavingexpert.com/discussion/comment/64274803#Comment_64274803


Complain and appeal.

Jimin

Ta Redx. From another thread, I got the impression that as of recently, the company are able to charge the registered keeper if the driver could not be named, so it made no difference if you identified yourself as the driver.

Like I said, I'll use the quote you gave me.

Coupon-mad

It makes a difference. Please read the two linked sticky threads in the link I gave you above (they are threads which were at the top of the forum all along anyway).

Jimin

Coupon-mad wrote: »

It makes a difference. Please read the two linked sticky threads in the link I gave you above (they are threads which were at the top of the forum all along anyway).

You bet. Trouble is, I've read so many threads that it's become a bit of a maze. I'll stick to those ones now

Hey I'm in Sussex too. Bit of blue sky today huh!

Coupon-mad

Hence my seagull avatar!